MESSRS CRESCENT I FILMS, MANGAL MANSION, ROYAL PARK, LAHORE vs MUMTAZ MUHAMMAD KHAN AND 3 Other
This petition for leave to appeal was filed against an order of the Lahore High Court, which had dismissed the petitioner's civil revision regarding the refusal of temporary injunctions by the trial and appellate courts. The petitioner, claiming ownership of property through adverse possession, sought an injunction in a suit for declaration following an earlier ejectment order passed against a third party (Rafiq) for rent default and unauthorized subletting. The core legal question was whether the lower courts erred in exercising their discretion to refuse the temporary injunction. The Supreme Court held that the petitioner failed to demonstrate any illegality in the exercise of discretion by the lower courts in denying the injunction. Furthermore, the Court clarified that observations made by the High Court regarding the competency of the suit, made during interlocutory proceedings for a temporary injunction, are merely tentative and do not prejudice the case on its merits. Consequently, the petition for leave to appeal was dismissed.
- Are observations made by a High Court regarding the competency of a suit in an order concerning temporary injunctions binding on the trial court?
- Does the refusal of a temporary injunction by lower courts constitute an illegal exercise of discretion when the petitioner fails to establish a prima facie case?
- Can a party claim ownership through adverse possession to obtain a temporary injunction against an ejectment order based on rent default?
ORDER
1. NASIM HASAN SHAH, J.-This petition for leave to appeal arises out of an order dated 5-4-1978 of the Lahore High Court dismissing the peti--tioner's Civil Revision No. 412 of 1978. The revision petition was from the refusal of the trial and appellate Courts on the footing that the petitioner had failed to make out a prima facie case for the grant of temporary injunction in a suit for declaration in which it claimed to have become the owner of the property through adverse possession.
2. Earlier, an order of ejectment from the property which the petitioner claimed to be in its possession, was passed and confirmed in appeal upto the High Court against one Rafiq on the ground that he was a defaulter in the payment of rent and had sublet the premises to the petitioner. It is thereafter that the petitioner instituted a suit out of which the present proceedings have arisen.
3. Before us, the petitioner has reiterated the submissions it made before the High Court. After hearing the learned counsel appearing on behalf of the petitioner we are not inclined to take any objection to the view taken by the High Court. Besides, nothing has been. Shown to us whereby it can be inferred that in refusing temporary injunction to the petitioner the Courts had exercised their discretion illegally.
4. An exception has, however, been taken by the learned counsel to the observation made by the learned Judge in the High Court as to the competency of the petitioner's suit. Suffice it to say that such observations in an order arising in proceedings of temporary injunction are only tentative and do not prejudice the case on merits.
5. This petition fails and is, therefore, dismissed.
Cited by 1 case
- HABIB BANK LIMITED vs ANWARUL HAQ QURESHI 1985 PLC 298